EWG. Seller shall provide Buyer with copies of Seller’s applications to FERC for EWG status and for authority to sell energy under this Agreement within ten (10) days of filing such application(s). During the Term, Seller shall either (i) maintain its EWG status and its authority to sell power under this Agreement or (ii) otherwise cause Seller to be exempt from federal and state regulations as an electric utility.
EWG. Each Project Company qualifies as an EWG.
EWG. MMC covenants that during the Term MMC shall, to the extent required to prevent MMC or any Facility from being regulated as a “Public Utility” pursuant to PUHCA or otherwise, cause MMC, as applicable, to be an EWG. During the Term, MMC shall maintain its EWG status (to the extent it is required by law to do so) and its authority to perform its obligations hereunder.
EWG. If Seller is an EWG, Seller shall provide PacifiCorp with copies of Seller’s applications to FERC for EWG status and for authority to sell energy hereunder before Commercial Operation and within ten (10) days after filing such applications. During the Term, Seller shall maintain its EWG status (to the extent it is required by law to do so) and its authority to sell power hereunder.
EWG. No Disposition of a Membership Interest shall result in the HPC Unit ceasing to be an “exempt wholesale generator” as defined in the Public Utility Holding Company Act of 2005.
EWG. No Disposition of a Membership Interest shall result in the Wind Farms ceasing to be an “exempt wholesale generator” as defined in the Public Utility Holding Company Act of 2005.
EWG. Such Disposition of a Membership Interest would not result in the Project Company ceasing to be an “exempt wholesale generator” as defined in the Public Utility Holding Company Act of 2005, as enacted under the Energy Policy Act of 2005 and FERC’s implementing regulations.
